07/05/2013

In the first half of 2013, federal courts gave law firms and their clients some much-needed guidance on e-discovery, issuing several rulings that clarify how they should use an emerging method for sorting through reams of data and rebuking those that offer lazy replies to discovery requests.

With the advent of technology that allows companies to store more data than ever before, attorneys and others involved in complex litigation are increasingly turning to emerging document review methods such as predictive coding, or computer-assisted review, which sorts through massive amounts of client data for specific keywords, and orders and tags the data based on its relevance to them.

"Predictive coding may significantly cut defense costs, particularly in patent and other IP cases involving millions of potentially responsive electronic documents," Haynes and Boone, LLP Attorney Jason Gonder told Law360. "While we have yet to see a critical mass using predictive coding — keyword searching still dominates — it is the next e-discovery frontier."

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